H-1B Transfer

I have H1-B with my current Employer. My H1-B expires April 24th 2007(as stated on the visa on Passport) but actually my H1-B is valid through September 30th 2007(even PED date states that) as is on the I-94 card. However, right now I would like to move to DC-Metro region to pursue employment (so far no luck). If I receive employment from another employer after April 24th 2007 and before September 30th 2007, can I still transfer or do I have to apply for a new h1-B or apply for extension?

  1. The validity of your H1 is determined by the visa approval notice. If the visa approval notice states that the visa expiry date is 30th September 2007, it means that you can work for your current employer till that date.
  2. . Please talk to an immigration lawyer before you accept employment with anybody else. However, please note that H1B transfers are based on the validity on the visa approval notice and we think there will be no problem in the transfer.
  3. It is also advisable to apply for an extension using the services of an attorney.
  4. Our suggestions are based on our past experiences and you will have to take the help of a good immigration lawyer before you make the move.

I have H1-B with my current Employer. My H1-B expires April 24th 2007(as stated on the visa on Passport) but actually my H1-B is valid through September 30th 2007(even PED date states that) as is on the I-94 card. However, right now I would like to move to DC-Metro region to pursue employment (so far no luck). If I receive employment from another employer after April 24th 2007 and before September 30th 2007, can I still transfer or do I have to apply for a new h1-B or apply for extension?

  1. The validity of your H1 is determined by the visa approval notice. If the visa approval notice states that the visa expiry date is 30th September 2007, it means that you can work for your current employer till that date.
  2. . Please talk to an immigration lawyer before you accept employment with anybody else. However, please note that H1B transfers are based on the validity on the visa approval notice and we think there will be no problem in the transfer.
  3. It is also advisable to apply for an extension using the services of an attorney.
  4. Our suggestions are based on our past experiences and you will have to take the help of a good immigration lawyer before you make the move.

I have applied for H1 transfer to one company and it has been approved also. But now due to some reasons I don't want to change my job though my H1 has been transferred Please let me know if I can continue with my current job.

  1. You can continue to work with your original company even though H1 transfer has been approved.
  2. Please send an e-mail or letter to the company stating that you will not be accepting the transfer due to personal reasons
  3. You can continue to work with your original employer as long as you have not joined for work with the company that has applied for your visa transfer.

I am working on a H1B that I got from a NOT-FOR-Profit company. Now I have a job from a FOR-PROFIT company. Will I be now counted into the quota, i.e. will I have to wait till Oct 2007 before I can get my new H1B transfer?

  1. H1 transfer occurs from company to company generally. Yours is a case of a simple H1 transfer and it doesn't fall under any quota. Please note that you should have salary credits/salary slips and tax filings for the entire period of employment as it is required for your H1 transfer.
  2. We recommend that you start to work for Company B only after BCIS/ INS approves your transfer
  3. The process of filing of the transfer should be done extremely carefully by an experienced attorney as there have been cases in the past where transfer has been denied.
  4. You should consult an attorney before you take a final call on whether to apply for a transfer or a new H1.
  5. The final decision by BCIS whether to accept the transfer or not depends on the circumstances/reasons/justification given by the non-profit organization when they applied for your H1

My H1 is valid till Jan 26 2007 and I-94 till 1st week of Feb 2007. My current employer (A) has filed an extension on Dec 14 2006. Now I am looking for a change in employer.

  1. Can the H1 be transferred when an extension is filed on it?
  2. I suppose the extension would take some time to be approved. Incase my visa/I-94 expires and my extension is not yet approved, is my current visa still valid to be transferred to a different employer?
  3. If employer (A) would like to cancel my H1, can he do so with out informing me, in that case can I transfer the H1?

  1. H1 cannot be transferred unless a decision is taken on the extension.
  2. Even if you were to file for a transfer now it would be approved only till January 26 2007 which means that your new employer has to file for an extension immediately.
  3. We recommend that you wait till the extension is approved and then look for a new employer.
  4. An employer cannot cancel your H1 without giving you notice as per the offer letter. Technically, if the employer has filed for cancellation of your H1, you cannot transfer H1.
  5. Please talk to a lawyer before taking any action as this clause is interpreted differently depending on the facts of the case.

 I completed my masters in march 2004, I came back to India immediately. Company "A" filed for an H1-B and it got approved on May'2004. But since I didnít like the job profile and also I had a very good offer in India; I didnít go for the stamping and never used that H1-B which is valid till 2007.Now very reputed company in US have agreed to apply for H1-B and I like the job profile very much. Will the previous H1-B is still valid? Can the new H1-B can be applied by another company? If I go for stamping will they have any knowledge about my previous H1-B which I never used?

  1. The H1 which was approved in May 2004, is still valid technically. But if you go for stamping, the employer who applied initially 2 years ago should state the position, if still open. But we assure that after 2 years your position can be closed.
  2. The transfer of H1 is valid only if you have 3-4 months of full time, confirmed and legal employment.
  3. You can get your new company to apply for a new H1.

We strongly recommend that you talk to your employer to get your L-1 extended for a year and at the same time get your H1 processed. Please talk to your company lawyer too.

  I worked for a company X from August 05, 2004 till December 30, 2004 then I moved to company Y where I worked from Jan 3, 2005 but this company filled my H1B transfer on Feb 14, 2005 and now they say that their records say I am employed with them from Feb 14, 2005 and they can issue the exp. Certificate from Feb 14, 2005 as starting date. Thou in the mean time I was working at the Client side in Jan and Feb, 2005 for this company Y for which they never paid me salary, they paid me advance, which they deducted on my resignation, my concern is 1) Was it legal from company side to hire me and make me work at the client side without filling the H1B transfer, and then eventually not paying for that period. 2) For a gap of 1 month 14 days how can I justify USICS during GC processing.3) Where should I go to register my case. 4) Is H1B transfer companies responsibility or consultant responsibility?

  1. It is your mistake to have started to work with Company Y before getting the receipt number for the H1B transfer.
  2. If you have worked for Company Y from January 3rd to February 14th without filing for H1 transfer, it is illegal. The gap of 1 month 14days can be justified as leavewithout pay or travel or medical leave.
  3. It is advisable that you do not try to file a case since action will be taken against you as well as the Company. The company can get away by paying fine fornon-conformance.
  4. H1 transfer is the joint responsibility of the company and the individual.

  I work full time for a company A in India. Recently, I had an offer from a company B in the US, for a consulting position, which I accepted. Company B filed for my H1B visa, and it got approved. I have scheduled an appointment at the consulate in Bombay for stamping. Now, when I tried to resign from my current company A in India, they coaxed me into not leaving. They [Company A bosses] now want to file for an H1B transfer and want to send me to their USA office. But my question is: Since am still in India, and have not started working for Company B on whose name the petition was approved, I do not have pay stubs. Is it possible for me to still get H1B transferred to Company A? If so, how? Also, if I go for the scheduled appointment which is 2 weeks from now, and meanwhile my H1B transfer gets approved, what do I do? Can I enter the US with the following: company B's 797 approval and the corresponding stamp on my passport, but with a new H1B transfer approval letter, in the name of firm A? Or should I cancel the appointment for stamping, wait for H1B transfer approval filed by company A [if itís possible to transfer], and then schedule a new appointment for stamping? Is L1 visa an option? My boss from company A says they could do L1 if nothing else works out, but they prefer doing an H1B transfer. How long does an L1 application typically take in a blanket petition or otherwise?

  1. You cannot transfer the H1B application by Company B to Company A without first stamping the same.
  2. You will also have to enter the US and work with Company B for at least 3 months before the visa can be transferred.
  3. Your transfer application will be applied for only if it is accompanied by 2-3 pay stubs.
  4. It is not possible to get H1B transferred while you are out of the country. More so, you don't have even one salary stub from Company B.
  5. L1 visa is an option. This normally takes 1-3 months for approval.
  6. We recommend that you take the offer with Company B, move to the US on their H1 and work with them for 3 months. Then talk to Company A and other prospective employers to work out the best possible salary deal.
  7. Please do not get carried away with Company A's promises.

  Currently I am working for Company A in H1B and have applied for H1B transfer with Company B. My H1B application for company B got approved last week. Now I have a personal issue because of which I am not in a position to join company B for at least 2 months (I am continuing to work for Company A). Is there is a validity period after the H1B is transferred or there is no validity period. If there is a validity period then it is for how many days?

  1. . As long as you do not start to work for Company B, there are no issues and you can continue to work for Company A.
  2. There is no validity period for the transfer approval.
  3. Your new employer should have filed for a new LCA.
  4. You can join your anytime and work till your LCA is valid. The date of joining is entirely between you and your new employer. You can also apply for H1 transfer for multiple employers at the same time.

  I was issued L1 & L2 (3years + 2 years extensions) for my Wife/Daughter. In between I applied for permanent residence and got rejected and also my L1 visa was revoked and was given 33 days to appeal (I donít want to appeal) and no time frame is mentioned on letter as to when I should leave. My question is within how many days should leave USA?

  1. It is advised that you leave the US within the last day of the appeal period.
  2. We recommend that you make an appeal through your employer irrespective of the fact that you want to leave the US as it might affect your coming back to the US at a later date.
  3. The reason being, it will be construed that you and your company have accepted the verdict of BCIS, thereby confirming the grounds under which your visa was cancelled

  I work full-time for company A in a particular state in US since September 2003. I recently moved to a different state and so I had to find a new job in the same location. Since I will be out of status if I resigned before I find a job, company A agreed to keep me on a project so I can work remotely until I found another company to transfer my H1 and I was given about a month's time by employer A to find another employer and resign. As my time is running short, I started my visa transfer with a consultant Company B to keep my status legal, that has filed for my H1B transfer and I should get the receipt in a week's time. In the meantime I am still on Company A's payroll and I am yet to start working for Company B. During this time, I got another full-time job offer from Company C which is more attractive and permanent. Can Company C file for my visa transfer and can I let Company B know about canceling the transfer petition they filed? Can I use Company A's pay stubs to transfer my visa to Company C, given I will still be working for Company A at the time of joining Company C and will it be treated like Company B was never in the picture.

  1. As long as your application for transfer of visa from Company A to Company B is not approved and you have not started to work for Company B, Company C can apply for your visa transfer.
  2. Company A's pay stubs can be used to transfer your visa to Company C, considering the fact that you still are an employee of Company A.
  3. You need not inform Company B about the fact that you have asked Company C to file for a transfer.
  4. Please ensure that you start the process with Company C under the Express Program. Please talk to the lawyer of Company C before you take any decision on this.
  5. Our advice is based on past experience. Please note that the same rule is interpreted in different ways.
  6. Please ensure that you have done LCA transfers when you moved from one location to another.

  I am on an H1B valid visa stamped till mid 2008 with employer X. I was working him till last week. I have changed my job and working with employer Y this week, post the visa transfer process initiated by employer Y (receipt obtained). My transfer of visa status from X to Y with BCIS is still pending. In the event of me deciding to join back employer X again (after say one month of working with Employer Y), can I legally now work for X? I know that employer X will not cancel my visa and he will not send my cancellation papers to BCIS/Immigration services.

  1. If you have worked with employer Y for 1 month, it means that you have been paid a salary as an employee of Company Y. If you have to restart your work for Company X again, Company X has to file for another transfer since the transfer process receipt was obtained.
  2. We recommend that you talk to the lawyer of company X before you take any action. We also recommend that you work with Company Y till the transfer process is approved then retransfer your H1-B to Company X.

  I am right now on H4 visa in USA and my wife is on H1-B. I have an offer from a Canadian company to work for them operating from my home in USA. In such case, can I get an H1-B visa (transfer from H4)? The company is based in Canada and have a manufacturing set up in Canada. I will be working for them in USA as an application & marketing engineer. Request you to guide me on this.

  1. H4 visa is non-transferable.
  2. You have to get your employer's office in the US to apply for H1-B visa for you if they have an office in the US.

  I came to US through company A. I worked for them for sometime and then changed to company B and got my visa transferred to B. But I did not have my visa stamped in my passport for company B. I left company B in Feb 2006 and came back to India and then petition from company B has been revoked. Now I am joining back to Company A. I still have the validity for my old petition (from A) and as well as for my visa stamp (from A). Can I travel back now in Oct 2006 to US to join company A, showing the existing petition and stamping of company A and the new offer letter from A? Or since it is transferred already to company B, I need to get all again, new H1b from company A and then stamping?

  1. If you have started to work for Company B, it is deemed that your visa has been transferred from Company A to B.
  2. If you have to legally start working for Company A, there should be a transfer petition filed again for you to transfer the visa from Company B to A again.
  3. We do not understand what you mean by saying that the petition from Company B has been revoked. Please let us know if Company B has filed a petition for revoking your transfer. This automatically means that your H1-B petition has also been revoked. It does not matter whether you still have the stamping from Company A because you have already started to work for Company B and we assume that you have also taken salary from them.
  4. Please talk to the lawyer of Company A in this matter for the law has been interpreted in many angles.
  5. From our experience, we feel that the visa is technically in the name Company B although you have not stamped it. Please talk to the lawyer of Company A before you decide to enter the USA.

  I am currently in US on H4 visa. Ealier I was in US on my H1 visa for during April 2000 to November 2001.During that period I had a H1 transfer from the company A to company B. The company A\'s visa was valid from 07/02/1999 to 03/15/2002. After H1 transfer to company B, Company B\'s visa was valid from 08/27/2001 to 08/01/2004. After joining to company B within four months they trnasferred me to Indian office and and I didn\'t get that visa transfer stamped. My question is, If I want to change from current H4 visa to H1 what is the procedure.Should I file for a new H1 visa through a consultant or can I use my old H1 visa, even after it expired on 2004.

  1. Please note the valid period of the H-1B Visa is three years.
  2. It is advisable that you file for a new H-1B Visa through your company or a consultant since you are out of status anyway.

 I have few questions regarding the transfer of status from H4 to H1. I got married on Feb'06. My wife got H4 visa on Feb'06. Due to some personal reasons she is coming to US on Jun'06. My questions are:

  1. Can I apply for her H1 visa in Apr'06 (for 2007 quota) before she comes to US?
  2. If it is not possible to apply for H1 before she comes to US, do we need wait for particular time frame before transferring the visa from H4 to H1.
  3. Will there be any problems if she goes for H1 visa stamping in India (if she visits India) as with in no time she transferred from H4 to H1?
  4. If the H1 visa is rejected in India, can she come back again with H1 visa?

  1. She can apply for her H1 in April'06 (ie., for 2007 quota) before she comes to the US.
  2. She can start working on the approved H1 from 1st October, 2006 and we think based on our past experience, there need not be any wait period as regards transferring the visa.
  3. As long as the documentation is clear there will not be any problem regarding H1 stamping in India.
  4. We recommend that she works with the employer who has applied for her H1 for a period of 3-6 months before she comes to India for stamping. In that case she will have pay stubs which prove that she has been working and chances of rejection will be very low.
  5. Please talk to the company's attorney before she travels back to India for stamping.

 My husband has a H1B of Company A, and myself and my son have H4 visa. He was sent to the US twice for 6 week periods, but was not given any salary slip and was given an allowance. Now he is currently in India and he has got a job with Company B in the US. Q1. Since hes in India now and also he has no pay slips, how can the H1B transfer be worked out? Q2. Can my husband go to the US once he gets the revised petition with the original visa stamp? Q3. How will he get the revised visa stamp? Q4. Can me and my son enter US on the original H4 when my husband's transfer is in process? Q5. How can our H4s be re-stamped with the new employer's name on it? Can it be done there? Q6. Can an H4 study there? Including courses like Icfa, CPA etc?

  1. H1B transfer cannot be worked out unless the person has atleast 3-4months of salary slips.
  2. He has to have atleast 3-4 tax filings by his employer in the US before it can be assumed that he has been in regular employment.
  3. Your husband can get revised visa stamped only if he has 3-4 salary slips and tax paid slips of his US employer.
  4. The question of you and your son entering US comes into play only after your husband's transfers have been approved.
  5. A person can study in the US courses offered by American entities.

 Here I entered US last year ie. on 2nd Feb 2005. I have been there with company A till July 28th. I was on bench and was not paid any. Then company B has given me a job offer and applied for a H1-B transfer even with out pay stubs. I have been working since then and I am being paid and got my W2 form and also pay stubs regularly. Now I got my H1-B Transfer got approved but not given fresh I-94. Now am planning to go to India for marriage in the December month. So my worries are am I out of status? Do I need to go out of US immediately? If yes how soon? Any deadlines are there? Can I go to Canada/Mexico? If not how fair the chances are to get my Visa stamped in India? What all I need to do to defend in case embassy questions me about my pay stubs from Feb to July? I do have my valid Visa till 2007 Oct. So what should I do now?

  1. You have to travel outside the US to get your transferred H1 stamped.
  2. If you have current documentation as mentioned in the US consulate and Indian consulate website, you will get your H1 transferred.
  3. Please talk to your lawyer before you travel to India. As long as your documentation is in place, your visas will get approved.

 I am currently on academic H1B visa working at University of South Florida.
My family is on H4 visa stamping, which is valid till 2008 and they are currently in US. I have got offer from another university and very soon I will start my H1B transfer. Meanwhile my family wants to visit India and come back within a period of four weeks. My question is can they re-enter the country on the same H4 visa, when my H1B visa transfer is pending. I will still be employed at University of South Florida and working on the original H1B visa when they come back. Please advice.

You family can enter the US on a dependent visa which is legal, if they have enough documentation which allows them to travel back to US.

 I am on an L1 in the US with company A. Applied for and got an approved H1 from company B (Valid October 1st onwards). I want to join company B, but in their terms they say that they will withhold my Pay Stubs for a period of one year, so that I cannot join another company. Is this legal? What can I do, if I go ahead and join them and they don't send me my pay stubs? or How can I transfer my H1 after a few month?

  1. No company can legally withhold pay stubs.
  2. If you want, you can join Company B but you will have to find ways to get the pay stubs / the tax paid form / W2.
  3. You can try to transfer the H1, based on your bank statements or your W2 but still there is a possibility of BCIS /INS raising a query on pay stubs. It would be advisable to talk to an attorney who does H1 transfers before joining Company B.
  4. Technically you can sue Company B for not giving you pay stubs because the law demands that pay stubs / W2 be given to all employees.

 Hi, I came to USA on Jan 31, 2005 on H1B from a company X. I did not work for that company at all and got an offer from another company Y. My employer Y applied for H1B transfer. I started working with employer Y from April 1st. But my employer has obatined labor approval from April 1st, 2005.Due to some techinal problems, approval got delayed and receivd the approval stating the validity period from May 23, 2005.I received the recipt on May 13, 2005 only. Now I want to apply for status change from H1B to F1 for Ph.D., and I have complete funding with financial responsibility as NILL(zero).
I need your suggestions for the following questions:
1. Can My employer Y run a pay stub from April 1st?
2. If not from which date he can run a pay stub for me?
3. So far I don\'t have a pay stub and going to have one from May 23rd atleast. As I want to apply for H1B to F1 status change, is a pay stub is needed to attach along with the application. If yes, how many minimum pay stubs are required to be attached?
4. As I am not having ny pay stub from Feb to May, will it affect my status change application. Your suggetsions and help is higly appreciated.

  • You have 30 days as per law to start working and be on payroll . you should have started to work for company X by March 2nd or 3rd.
  • Pl talk to your lawyer on this.
  • Employer Y can run the paystub from date of application of the H1B transfer.
  • Its not advisable to work in the US without a paystub.
  • You can apply for status change from H1B to F1, for getting it stamped you need to come to India

I joined in a MNC company in June 2003 with 5 years exp. that company has processed Business VISA through drop box facility. my business visa got stamped. i travelled to USA in sep 2003. at board of entry i could not able to answer to one question as lack of information. i was deported on the same day with out entering into USA. that was my first visit to usa. on my passport they written that VISA cancelled and date.
Now my question is that i am shifting to another company and the new company is willing to process either Business visa or H1B visa. will there be any problem in getting VISA?

  • When you are deported out of the US, You can't enter US for next 5 years
  • Pl ask the next company lawyer do take a call on this
  • Be totally prepared to answer the consulate on the H1 B visa queries.
  • Pl also check with the lawyer if there is a black mark in the appliaction becos of Deportation

I'm working for Company A who filed my H1B and signed on non-competency agreement on a normal paper (not a bond paper). Now I'm on project working at a client's place thru sub-contracting by Company B. I have completed 3 months and have pay slips. Can I leave company A and join Client as a full time employee? Is there any legal issues?

  • If the non-competency agreement has been signed in US whether stamped or non-stamped, then it can be enforced in the court.
  • If the non-competency agreement has been signed in India , then it is not valid in US.
  • You can leave Company A and join Company B on regular H1 B transfer. Pl talk to your lawyer.

Hi....I graduated Last year, and started my OPT in June 2004. I got a job after the quota got over last year...so now my employers are going to apply for my H1. But my OPT expires June 2005. Once, my H1 is approved, can I go back to India and apply for the visa and come Back before October? Or will it for sure take until October for my H1 status to kick in? Please advice asap! Also, can I continue to work during the period after June until I get the approval from UCIS?

  1. Once your H1 is approved you can continue to work if the approval dates for the H1 is immediate or current. This means that the visa start date should be immediate.
  2. If your visa date is not current and it start with effect from October, you are not supposed towork legally as you are out of status
  3. This means you will need to stamp the same in India in September and start work in Ocotber
  4. As far as we know, the new additional visa which will be issued are current and hence you need not worry
  5. We re commend that you talk to your employer in this matter or their attorney...to be on the safer side

Hi, I came here on H1 visa for Company A and then changed companies. I now work for Company B. I received the transfer approval from INS. They gave me a new I-94 which is valid till April 2007. I want to go back to India and come back. Do I need to get my visa stamped again when I am in India ?

Get the new visa transfer revalidated and it's advisable to talk to the attorney.

Hi, I came here on H1 visa for Company A and then changed companies. I now work for Company B. I received the transfer approval from INS. They gave me a new I-94 which is valid till April 2007. I want to go back to India and come back. Do I need to get my visa stamped again when I am in India ?

Get the new visa transfer revalidated and it's advisable to talk to the attorney.

Hi, I got my h1 visa from company A but they are not able to find me job. Meantime i get a offer from company B to transfer my h1 to them and they will place me. My question is, can i transfer my h1 to company B as i have not worked till now and dont have any paystub from company A. I heard we need to work for company A for few months. Is that true? Please help me in this regard. Thanks for your time.

H1 can't be transferred.

Hi, I am currently working with a BIG consultancy company from past 1 year 3 months, they are even paying me promptly by depositing my salary into my Bank acount using direct-deposit. However, they are not providing me any pay-slips. Now, I need to transfer my Visa as I got a better opportunity ..Please help....please....

Get tax paid receipts from your employer & INS is enough.

I was in US for 4 month and got 2 paystub(min salary) also on bench period. My H1b sponsor company couldnot place me in 4 month then i came back to india and now from last 6 month I am in India. Now can I transfer with another company in US as I may get offer from new company . To get new H1b is difficult so can I transfer the old H1b. please guid me.

You cannot transfer your h1 while you are in India. You need to be in the USA to transfer your H1. But please talk to a lawyer in this matter

Company A got my H1B stamped 20 days back.Before I got an opporunity to travel on my H1B, company A has been acquired by company B under a BOT(Business,operate ,transfer) deal 5days back.Now, indirectly I have become a part of company B and company B is promsing me to get my H1B tansfered on their name. I have read that H1B cannot be transfered if I am in India and I need to be in US working for company A for at least 3 months thn only transfer can happen. Is it right? and If so, what company B is promising me, is it possible for them by any chance, or what can be the alternative for them?

1. I am sure you would be in the USA now and still here is our answer.

2. If you can prove that Company A was acquired by Company B, there would not be any problem to trnasfer the H1 after you reach the USA.

I came to US in 2003. That time i got stamping in my passport with my husband's name aftet that i got divorce and hence i changed my last name in the passport in Indian cousulate NY. I have my visa valid till 2006.

My questions are:

1.I want to know the procedure of changing my last name in I-94.

2. If I am going to apply for green card with my husband's name, will i be able to change my last name in future.

3.If i can change my last name now, is it necessary for me to go to India,.

Your answers would be highly appreciated.

1. I assume that after your divorce you have married again or got a h1...thereby working for some employer.

2. If you have married again, you have to apply for change of name and status of the spouse visa.

3. If you have got a job, you can apply to change your name in I 94 through an attorney. Please use an attorney even in the case of point 2.

4. In both the cases of point 2 and point 3, you have to adjust your status or do the re stamping if you leave the USA and in your case you will have to get the visa stamped in India.

5. Please contact us in case you need more clarifications or send us a mail again.

I have received my EAC number. Is this a gaurantee of my h1-B approval? Now only stamping is needed or soemthing else has to be done ?

If your EAC number has come there is fair chance your visa will be approved. Still it is better not to amke any assumptions.

I am on H1 with consultant, but looking for project. So i do not have any pay stubs. I think they will generate pay stubs.. I have another offer. I want to transfer my H1. For that which documents are needed? They have my all the documents of H1 and i do not think so they will provide my H1 papers to me. What is a way out for me?

1. You need paystubs for transfer of your visa.

2. Also you cannot generate paystubs like in third world countries in the USA. You will need to remit taxes based on your paystub to IRS if the paystubs are to be valid.

3. So please work out your employer as how the transfer can be done and please note if your employer is not benefitted they can cancel your h1.

4. Also your employer is legally bound to pay you 30 days from the time you enter USA.

I was on H4 and got H1 Visa from company A but A has not found a project for me till now. I am getting offers from other companies which compnay A doesnt know. Is H1 Transfer possible from company A. Do i have to work for company A for this.? I have not yet recieved my SSN?

1. You work out a model with your employer or whoever applied for your h1 that you will pay them for the cost of H1 and work in Company B for 3 months then apply for transfer.

2. If you have your H1 and you are in the USA, you can apply for the SSN.

3. What are your skill sets and please send us your resume..Let us see if we can help you if you are in USA??

I am working for company A since Oct 1st and now have an offer from Company B which I would like to take up. Would there be any issue in transfer of H1, considering I have just joined Company A.

In May of this year, my company sponsored a new employee for employment on a specific client project to begin Oct 1. The visa was approved and the individual arrived in the US 10 days prior to the scheduded Oct. 1 start date. From the time the employee arrived and Oct 1, our client canceled the project on which the employee was to work. As she has no pay stubs from my company, is ther any way a new company could obtain a transfer of her valid visa she obtained from us?

Anyway if the attempts are made with a good laywer, there is a slight chance...

I am working for company A since Oct 1st and now have an offer from Company B which I would like to take up. Would there be any issue in transfer of H1, considering I have just joined Company A.

I am working for company A since Oct 1st and now have an offer from Company B which I would like to take up. Would there be any issue in transfer of H1, considering I have just joined Company A.

For the transfer of H1 it is safe if you have atleast 3-4 paychecks or payslips from the employer who applied for your H1. BCIS the new avatar of INS is very strict these days and your employer can really make your life tough if they come to know about the transfer so soon before the actual transfer happens. They infact can prove in a court of law about your intent and can sue you.

Does INS checks for current employment status if I file fo H1-B transfer ? What will happen if the current employer has already filed for my H1-B cancellation?

If your employer has filed for cancellation of the visa, you are in big trouble.

I got my H1B visa end of 2001 and immediately I stamped the visa on the passport. The Employer advised me to wait for some time to pick-up the market, unfortunatley it never happened. I did not travel to US and as per Visa on the passport, the visa got expired last December 2003.

How can I check my H1B visa not withdrawn by the employer ?

Is it possible to transfer H1B after 3 years validity date on the Visa

Is it possible to transfer my H1B visa to another emplyer, normally how much time will take for transfer.

What are the procedure for transfering the H1B ?

I will appreciate your valuable advise in this regard

You should have worked in the USA and need to have pay stubs for your visa to transferred. Also you need to be in USA if the transfer has to be approved

I came abroud on my L2. I got my L2toH1transfer through Company A. I have not started working as yet. Company B has agreed for a H1 tranfer. Can I start working for Compnay B. I have been receiving salary from Company A in indian rupees as I was on leave. Will this be a problem?

You will need have two current payroll slips of Company A to transfer the h1 to company B.

My H1B sponsored by company A and I also got the visa stamped in India last month. Now Company A is asking me to stay for some more time in india. I am also getting more offers for US. Is it possible to get H1B transfer in India only?

No you cannot do it. You need to work for Company A in the USA before the visa can be transferred.

Working for a company A on L1 and after that Company B sponsored H1.But still working for Company A, due to some problems with company B(Company A Doesn't know about H1 ) and got offer from Company C. To join Company C, whether i can do H1 transfer with out working for Company B?
And What could be the procedure.....i need to work for company B. I can do the H1 transfer?

To transfer a H1 from Company A to company B, you should have worked for Company A which applied for your visa for atleast 2 payroll cycles.

I have worked in a profit company A since 08/2003 with H-1b visa. I got laid off on 02/2004. Then, I worked in a non-profit institute B after the receipt of INS notice of a H-1b transfer on 02/2004. I just received another offer from a profit company C. To work for company C, do I need to apply for CAP again or I can start working after H-1b transfer? When will be the best time for me to submit my second H-1b transfer? Should I wait for the approval of my first H-1b transfer for institute B?

You can apply for a transfer to third company based on approval of transfer to the second company or based on the notice of receipt or action from BCIS.

I came to US on F1 and then changed status to H1 in Oct,2003. Now can I change my employer before my current H1 is stamped.Is it better if my new employer sponsors a new visa or can i just get a transfer.

You can change your employer before the current H1 is stamped. But if you leave the country you will need to get it stamped.

I was laid off from company A and started at company B. I am expecting I-797 with 1-94 since its a transfer. Can i go to india and return back with the I-797/I-94 or do i have to get the company B visa stamped on my passport ?
What if company A cancels my visa ?
Can my family use the same I-797/I-94 to travel and come back ?
The company A visa is valid until 2005.

Please travel only after your visa is fully transferred.

I worked in US from August till Nov 1st 2003.
I went with a H1B of Employer A.
I returned back to India on 1st Nov 2003.
Presently I am in India.

My H1B is valid till 2006.
Is it possible to transfer this H1B to an Employer B while I am in India?

Is yes, Can I travel to US with the same visa which I got for company A?

I do have a couple of pay stubs while I was employed in US and I have a W2 form also.

INo...It is not possible to transfer your visa while in India.

Technically you can enter the USA on the old h1....but if Immigration checks at the point of entry with your old employer you can be deported back to India.

I was working on an H-1B in the US. While I was on a visit to India, my company terminated my services. Can I apply for transfer of visa in India? My visa is valid till February 2002 . Can I stay in the US on the basis of the new company's offer letter, while the transfer application is being processed? If the transfer application is rejected, what will be my fate?

In case you have entered the US and have been laid off, your employer can apply for a transfer of H-1B.

If you are in India, you will need to get the transfer stamped in your passport before you enter the US.

Can I transfer H-1B visa without pay slip. I have been jobless for the past six months?

Please try to work a deal with the previous employer to prove that you were on leave without pay. It is also important that you check with the INS, if your previous employer has canceled the visa. A lawyer specialising in immigration issues can do this on your behalf.

I would like to get a clarification regarding H-1B-visa. My H-1B visa petition was filed on 19 Jan, 2001 and was approved on 9 July, 2001. My employer has refused to send across the papers. Can this approval be used to get an H-1B visa if I get an offer from another company?

There is little that you can do till your employer grants you the papers. The approval is valid for the period mentioned in the visa approval form. In case you want to transfer the H-1B, you need to enter the US. This is virtually impossible in your case, as the visa has not been stamped.

I was working for Company A under my practical training, which was valid till June 2001. The company A filed for my H-1B and the start date for H-1B was May 2001. However, in March 2001, I lost my job with Company A. After six months, I found another job with Company B. Company B needs to transfer my H-1B, but my last paycheck dates to Feb 2001. Is it possible for Company B to file for my H-1B with this pay check or does it have to file for a fresh H-1B? I am supposed to join Company B in Oct 2001, so I need to get my paper work done before that. Please help me. After six months I have found a job and I don't want to lose this offer.

In case your H-1B visa for Company A has been stamped or if you have the documents for the same, Company B can file for the transfer of the visa Paychecks are not mandatory for H-1B transfer. However, in case you do not have recent pay stubs, please state that you have been on long unpaid leave due to health reasons. Please also consult a lawyer in this regard

You can work for the Company B as long as the company files for the transfer of your original H-1B. You can start to work for Company B as soon as you get the acknowledgement for the application for transfer of H-1b from Company A to Company

I am a Canadian citizen. This year I obtained my H-1B from employer X. Employer X was also sponsoring my Green Card. On the third week of April, I filed my I-485. I have still not received any acknowledgment of I-485 from INS. I have been out of work since June 15th, because of the meltdown in the tech sector. I am still living in California. What are my options? Can I transfer my H-1B to another employer, if I can find one? What would the process be? What happens to my I-485 filing? Do I have to start all over again? If I can't find a sponsor for an H-1B, can I use a TN-Visa even though I had an H-1B and had filed for a Green Card? Any other information would be greatly appreciated.

You will have to first find a new job. Then your existing H-1B can be transferred to your new employer. Once you get the job and the employer applies for transfer, you can begin working with your new employer.

As regards your green card, in case you transfer the H-1B, the green card process has to start all over again. Please also talk to your employer to see if you can be sub-contracted to a new employer. In this case, your salary will have to be routed through your current employer. The only advantage is that you can continue with your green card processing. But this is a route, we would not recommend.

We recommend you get a new job, transfer the visa and re-start green card processing. We would also request you to contact a lawyer.

I have 4+ years of experience in the IT industry including six months work experience in UK. Currently, I am working on a project in San Francisco. My work status in the US is H-1B1. I want to transfer my H-1B. Please let me know. How long can your organization help me in this regard?

I fail to understand your question. The H-1B1 and H-1B visa are the same. Hence, the question of transfer does not arise.

An US- based consultant offered me a job and sponsored my H-1B. I got the visa stamped. Around the same time, the economy slowed down and the consultant was not able to place me. Another company is offering me a job immediately. They say I can travel on the previous consultant's H-1B while the new H-1B is being processed. Can I start working for a new consultant who is processing my H-1B? Is there any loophole in the law?

To transfer your H-IB, you need to enter the US. If you are entering the US using the previously stamped H-IB, please enter the US from the city where your H-IB was processed and then move to the city where your new H-IB is being processed. You cannot work for Company B on Company A's visa. Company B must apply for the transfer of your H-IB and must recieve acknowledgement of the same.

Company B cannot transfer Company A's visa without salary stubs. But there is a loophole in the law. In case you land in the US and get your SSN and Company B applies for transfer of H-IB visa within 30 days, the approval may come through.

Please note that the INS conducts random checks on H-1B travelers. If the INS calls Company A to check whether Company A has authorised your travel, you could be in trouble. There is a way to beat this rule. Reach US on Saturday / Sunday late in the night. Do this after ensuring that Company A has not applied for cancellation of your visa. We understand that a lot of companies are applying for cancellation of the visas applied.

Since you have asked for loopholes in law, we have answered accordingly. We would, however, recommend that you abide by the rules and reach the US after you receive the new H-IB.

I had taken a telephonic interview with my previous consultant. He sent me a soft copy of the offer letter to me. Does immigration ask for the offer letter at the port of entry? Can a printout of the soft copy be used as my offer letter? This offer letter dates back to the month of Feb 2001. Now, I can't ask for a new copy because he might have doubts and will cancel my H-1B. As the new consultant wants me to work as soon as possible.

You need to have an original copy of your offer letter. According to our experience, immigration is very strict these days and in case you do not have the original, they may call the employer who applied for your H-IB and you may land into trouble. Our recommendation is that you wait for the new H-1B and travel to the US in a legal manner.

I had taken a telephonic interview with my previous consultant. He sent me a soft copy of the offer letter to me. Does immigration ask for the offer letter at the port of entry? Can a printout of the soft copy be used as my offer letter? This offer letter dates back to the month of Feb 2001. Now, I can't ask for a new copy because he might have doubts and will cancel my H-1B. As the new consultant wants me to work as soon as possible.

You need to have an original copy of your offer letter. According to our experience, immigration is very strict these days and in case you do not have the original, they may call the employer who applied for your H-IB and you may land into trouble. Our recommendation is that you wait for the new H-1B and travel to the US in a legal manner.

My consultant tells me that instead of waiting for a new H-1B, I can travel on the previous H-1B to the same place where it was processed. By that time, my new H-1B will be processed. Does such a law exists, wherein, if a consultant fails to place you, one can work for another consultant, who is processing your new H-1B?

Law does not take into account whether your consultant has placed you or not. The INS approved the H-IB, based on your consultant's declaration that you will work in the US for three years. If you want to work for another consultant, your employer will have to apply for an H-IB transfer. It is dangerous to work without applying for transfer.

I am currently on H-1B. I was on H-4 from 1995 to 1998. In 1998, I converted my visa from H-4 to H-1B. Ever since I have been on an H-1B visa. Now, the INS refuses to extend my visa. Does the INS take the H-4 stay into account while calculating the six-year H-IB stay? What are my options? If I apply for a change of visa (say F-1) before my H-1B expires, can I stay in US while my new visa is pending? Will I be able to work in the interim period?

The INS takes into account the total period of stay in the US under the H visa category. You need to stay out of US for a year before you can get another H-1B visa. If you have filed an application for the green card, you can stay on pending adjudication. Please check with your lawyer the consequences of extending your stay beyond the period of the H-1B visa. At times, the INS interprets such stay as illegal and you are liable to be deported.

Last week, I got my H-1B approval papers from my employer. In the petition request my employer has unwittingly prefixed Mr. to my name. Can I proceed for the visa interview. In the education evaluation paper, my gender has been correctly recorded. Please advise.

We recommend that it would be safer to send the papers back to your client and get the error rectified. Please check whether the visa approval form or the notice of approval says Ms. If this is the case then you can go for stamping. Please cross check with your client's attorney about this..

Could you tell me whether it is necessary to provide SSN details when applying for H-1B visa transfer? Suppose I come to the US on Florida-based Company A's H-1B visa and join California-based Company B as soon as I arrive. Do I need to come to Florida and get the SSN first?

We recommend that if you intend to join Company B, you travel to the US on the same company's visa. If your plans to work for Company B have been motivated by Company A's refusal to call employees to the States on account of the slowdown, you will be risking deportation at the port of entry. The immigration authorities conduct random checks and may contact the employer to crosscheck. If the employer refuses to verify on your behalf, you will b in serious trouble.

If this is not the case, you can go to the US on Company A's visa and work with the company till Company B applies for the H-IB transfer and the INS approves it. We, however, once again urge you to take the safe course and travel to the US on Company B's visa.

I am a software engineer with three years relevant experience. Six months ago, I got my H-1B stamped. At that point of time, the US markets crashed. My employer refused to send me to the States, as the projects have dried up.

What can I do now? Please suggest a way out. Can I transfer the H-1B visa?

You are lucky that you employer did not mislead you. Today, a number of H-1B workers are on the Bench because their employers were not honest. At the moment, there is little you can do, except wait for the economy to look up. The possibility of transferring the H-1B does not arise, as one cannot transfer the visa from India. Moreover, these days the INS demands paystubs to approve the H-1B transfer.

You must either find another US-based employer and apply for an H-1B again or continue to work in India.

I got your reference from a friend, who benefited from your advice in the past. Since June 200I I have been in Virginia, USA on an H-1B visa sponsored by a contracting company. Since August 2000, I have been working on a project assigned by another sub-contracting company, which is the preferred vendor for my present project company. The project is doing very well. But on account of certain hassles with my parent company, I am planning to shift. However, I want to remain on the same project.

I have signed a non-compete agreement with my present parent company as under: "Employee agrees that for a period of six (6) months after employee's separation from employment with the company for any reason, employee shall not, directly or indirectly, whether or not for compensation, and whether or not as an employee, be engaged in a position(s) similar to employee's position(s) with the company with any client or customer for which the employee performed non-incidental services while employed by the company during the eighteen (18) months period preceding the date of employee's separation from employment with the company." (sic)

I would like to have your opinion on the above clause. I must inform you that I have not signed any agreement that I will work for some months with my employer after I come to the US. I have also not signed any contract, wherein I am supposed to pay money if I leave the company. I was on bench for approximately 45 days after I arrived in the US and I was paid during this period.

If I shift companies, can I get into trouble with the parent company please guide me?

In US, non-compete agreements are legal. The agreement is valid, as long as the company has observed the rules and the terms and conditions are fair in the eyes of law. In your case, the employer can prove in court that it incurred losses on account of your decision to leave the company. The courts will be inclined to believe your employer.

In recent days, the US court has favoured H-1B employees. But in that particular case, the agreement said that the person had to pay $75,000. (Read the Dipen Joshi case on the AssureConsulting.com site.) Your agreement with your employer does not say so.

We would advise you to remain with your current company because it appears fair. The company has paid you during the bench period. However, do check with the lawyers of the new company you want to join whether you could run into legal problems. Please also ask the company whether it is willing to bear part of the legal costs if your previous employer files a suit against you.

Your previous employer can also cause problems by applying for cancellation of your H-1B, especially if you decide to join the new company before the actual H-1B transfer occurs. If you still feel you want to leave your current employer, please do so after the transfer of H-1B is completed and you receive the transfer approval in hand.

I had an H-1B visa with Company X. The visa was valid up to 2003. In between, I joined Company Y after filing for visa transfer. But I was laid-off by Company Y within two months. Company X didn't cancel my previous H-1B visa and agreed to treat the two months as leave without pay. Can I now join Company X? Does Company X need to apply for a new H-1B on my behalf? Please reply. Thanks in advance.

I do not see any need for a fresh H-1B application. Your current H-IB from Company X is valid. However, you need to have documents authorised by your company for leave without pay

AssureConsulting has been very helpful in the past in answering questions. Now I have another question. How long does it takes to get a receipt for H-1B transfer from VSC? This case I am inquiring about was filed on 8 May.

Usually, all applications get processed till the receipt stage in 4 - 8 weeks.

I am currently in the US and want to change jobs. Can my new employer file for my H-1B without submitting my original H-1B document. The document is with my present employer. For obvious reasons, I do not want him to know that I am planning to quit?

You do not require the original H-1B document from your present employer to get a new H-1B. A photocopy of the old H-1B approval is sufficient to file for a change of employer. However, before you shift jobs, ensure that you have fulfilled your contractual obligations to your original employer. In case you have not done so, the employer can create obstacles in the way of getting an H-1B visa.

Can company B apply for transfer of H-1B visa, while I am in India, or does it need to apply for H-1B again?

Company B cannot apply for your H-1B transfer, unless you enter the US and spend three months with company A.

Can the H-1B visa be transferred to company B, after the visa has been stamped for company A?

The visa can be transferred after three months of you entering the US.

Abstracting from the queries you have directed to me, I feel the need to caution you as a friend. In theory, one can apply for multiple H-1Bs. But please understand your action deprives another software engineer the opportunity to work in the US. Please also understand that your actions will result in a loss of $1,500 for company A. Such actions will lead companies in the US to resort to drastic steps to curb multiple H-1B processing. Certain immigration lawyers in the US have already approached the INS to prevent the misuse of H-1Bs by keeping a tab on the H-1s issued against an applicantís passport. Besides, if you apply for multiple H-1Bs, you will make a false statement with regard to LCA when you go for stamping, I recommend that you join the company, which applied for your H-1B. If the employer maltreats you in any way, feel free to shift jobs.

I am going to US on an H-1B visa with my family. I want to know, is it mandatory to sign an agreement with the US employer if he insists on one. I have graduated in BE computer science and have four years experience. I do not want to be tied down to any employer. Can you also let me know the legalities involved in case I decide to shift jobs?

Yes, if the employer insists, it is necessary to sign the non-compete and minimum period of employment letters. In theory, you can refuse. The employer can, however, deny you projects till you sign the same. The Department of Labour has legally sanctified a 30-day bench period. On refusal to ink the agreement, the employer can terminate your services and apply for cancellation of H-1B.

In case you want to shift jobs in the US, you can apply for visa transfer after three months of employment with your current employer. These days, however, premiere US organisations and employers look for a minimum experience of one year in the US, before they begin negotiations with a candidate. I would recommend that you look for a new job after a year. This will enable you to get a far higher salary than when you look for a job right now.

In case the employer maltreats you or fails to meet his contractual obligations, you can shift jobs. For any further clarifications, call me on 098450 05249.

I have a valid H-1B visa for company ABC. Company XYZ, with which I'm currently working has recently filed for my H-1B. In order to avoid the tedious process of H-1B transfer, can I go to the US on company ABC's visa and later get a new H-1B for company XYZ?

If you have a valid visa from company ABC, you have to go to the US and join the same company and fulfil the contractual commitments to your employer. If you want to go to the US on company XYZ's visa, wait for the visa to come through. Please understand, in the long run, multiple H-1B visa processing hurts the Indian software community.

I have a valid H-1B visa for company ABC. Now, company XYZ is willing to transfer my H-1B. I'm still in India and have not landed in the US. Is it imperative to get a clearance letter (no objection letter) from my first company i.e., ABC, which filed for my H-1B papers? Do I need to start work for company ABC, or can I start working for company XYZ, which is willing to transfer my H-1B, immediately after I land, without working for company ABC for a single day?

Please note, that to the best of my knowledge, legal transfer of the H-1B visa can take place only after a person lands in the US and commences employment with the organisation which applied for the visa. Hence, you will not be able to transfer your visa without working for company ABC for a minimum period of three months.

I have a valid H-1B visa for company XYZ. I'm still in India. I want to transfer the H-1B to another company ABC. Please let me know the requirements. With the H-1B visa of company XYZ in hand, can I go to the embassy for the visa for the company ABC to look after the project work.


You need to enter the US and have at least three months salary slips before you can transfer the visa. The new H1 Bill says that you need not have 3 months salary slips but you need to enter the US and commence employment before you can transfer your visa

If you have stamped your H1 visa and you go the Consulate for getting the B1 visa, your H1 will get cancelled automatically.

If you have not stamped your visa and your visa papers have been approved, there is a chance that your B1 might get rejected. Also you run the risk of making false declarations to get your B1 visa regarding LCA etc.

I applied for my H-1B transfer on 9 September 2000. My application has yet to be approved. The new H-1B law permits H-1B holders to transfer jobs awaiting fresh visa approval. Can I, hence, start working immediately or do I have to wait for my application to get approved?

Please note that according to the new H-1B Bill, you can start working. We would, however, advise you to fulfill your contractual obligations with your current employer before you start working with your new employer.

If you do not fulfill you legal obligations, your current employer can apply for cancellation of your H-1. This will hamper your H-1 transfer.

I am working with company A, which recently sponsored me for an H-1B visa. I have received the visa approval. Now, can I resign from company A and joined company B, what will be the status of my H-1B visa? Is it possible to transfer it to company B? How difficult it is to transfer the visa?

According to the H-1B portability rules, you cannot apply for visa transfer without working for your employer for a minimum period of three months in the US. If you resign from Company A and try to enter the US on its visa, you are liable to be deported, as Company A can apply for cancellation of H-1B in the interim. Once deported you will not be able to enter the US for a minimum period of a year. If you need to resign from Company A, Company B must sponsor you for the H-1B visa. We recommend that you go to the US on Companyís A visa and look for better opportunities after working with the company for six to eight months. The experience will help you in getting better offers.

I am in the US on an H-1B visa. I arrived a month earlier. My employer has been unable to place me. I have received an offer from another company. Can I transfer the H-1B after two months, if the current company can't place me I have signed a contract of non-competence with a penalty of $ 5,000. Is this contract valid?

You can apply for a transfer immediately. It is illegal for any company to keep an employee on bench for more than one month. The contract is valid if you have signed the same in the US.

For the last one year, I have been working with company A. Company B has applied for my H-1B transfer, According to the new H-1B portability rules, when can I start working for company B? Do I have to wait for the transfer to come through, or can I start working as soon as company B files for visa transfer? Can you also let me know, how long does it take to get the EAC number? Currently, my new employer has sent my papers to the legal department.

You can start working for the new employer after you have got an acknowledgement from INS that your application is filed. Please recheck with the legal dept of your new company before taking the final decision. Once the new employer files your petition with the INS, it will take 10 -15 days from the date of filing to get the EAC number.

I have H-1B for Company A and I want to join another company. Is this possible?

You need to go to the US and work for a minimum period of three months with Company A before you can transfer your H-1B to a new employer. We would advise you to fulfil your contractual obligations to your current employer before shifting jobs.

I need a clarification regarding H-1B transfer. My current employer has sponsored my H-1B visa. I got my H-1B stamped, but I have an offer from another company who filed my H-1B in November 2000. Now, this company says it will make arrangements to transport me to the US on my companyís H-1B and apply for transfer as soon as I report for work in US. Is this possible? Kindly do let me know.

Please do not use the visa issued by your company to travel to the US to work for another company. At the US port of entry, the Immigration Officer, representing the INS, checks with the company that has applied for your H-1B whether the offer is still open. If the company says it did not authorise the travel or transfer, you are liable to be deported. Once deported, you will find it very difficult to re-enter the US for another two or three years.

My company agreed to let me use their visa to work for another employer. Can I move to the US? I have friends who can help me in getting a job. 

I plan to apply for visa transfer, as soon as I land. How many days does it take to get the visa transferred? How do I apply for an SSN?

You can go to US but you must carry all documents that prove you are an employee of the company, which applied for your visa. In case the Immigration Officer at the airport checks with the company, it should verify that you are their employee. Please work a deal with the company to allow you to land in the same city where the company office is located. After you enter the US, you can find a new employer, who will file for H-1B transfer. After the new company gets an acknowledgement for the application for transfer, you can start working. Only then can you apply for the SSN number. For more details, read the article Social Security posted on the AssureConsulting.com site. 

A few weeks earlier, I got my H-1B stamped. Due to certain problems, my company has not sent me on site. I have an attractive offer from another company in the US and they have sent the H-1B papers. Can I go to the US Consulate for getting the new H-1B stamped? I would like to know, whether the Consular Officer will refuse to stamp the visa sponsored by Company B because my passport has been stamped for H-1B of Company A. Can I go to the US on the second H-1B? 

You can go to the US Consulate for getting the second visa stamped. The Consular Officer will cancel the first visa and stamp the second. You must clearly inform the Consular Officer that your previous employer has not moved you to the US. Please also check with your current employer about this.


(Disclaimer: We claim no responsibility for the accuracy of the information. Application of the law can vary drastically according to the facts of a particular case, judge or State in USA. The FAQs are not meant to be specific legal advice. The answers must be viewed as general information and are no substitute for the services of a lawyer.)

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